District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0809 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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8		-	AN ACT
	3	+	_______________________________ _______________________________ 1
	4	+	Councilmember Matt Frumin Chairman Phil Mendelson 2
	5	+	3
	6	+	4
	7	+	5
	8	+	6
	9	+	A BILL 7
	10	+	8
	11	+	9
	12	+	_________ 10
	13	+	11
	14	+	12
	15	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13
	16	+	14
	17	+	__________________ 15
	18	+	16
	19	+	17
	20	+	To enact designate, on an emergency basis, the Uniform Unlawful Restrictions in Land Records 18
	21	+	Act; to allow homeowners to remove unlawful restrictive covenants from the deeds to 19
	22	+	their homes and for condominiums and other homeowner associations to remove 20
	23	+	unlawful restrictive covenants from their governing documents; to permit the homeowner 21
	24	+	or association to fill out an amendment form, a sample of which is provided in the Act, 22
	25	+	and record the amendment to their title to effectively remove the unlawful restriction; 23
	26	+	amend the Zoning Act to declare void, as contrary to public policy, covenants prohibiting 24
	27	+	apartment houses or buildings with multiple dwelling units when such units would 25
	28	+	otherwise be permitted under zoning. 26
	29	+	27
	30	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
	31	+	act may be cited as the “Unlawful Restrictions in Land Records Emergency Act of 2024”. 29
	32	+	TITLE I. UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS 30
	33	+	Sec. 101. Short title. 31
	34	+	This title may be cited as the “Uniform Unlawful Restrictions in Land Records Act of 32
	35	+	2024”. 33
	36	+	Sec. 102. Definitions. 34
	37	+	In this act: 35
	38	+	(1) “Amendment” means a document that removes an unlawful restriction. 36
	39	+	(2) “District” means the District of Columbia. 37 2
9	40
10		-	________________
	41	+	(3) “Document” means a record recorded or eligible to be recorded in land 38
	42	+	records. 39
	43	+	(4) “Governing instrument” means a document recorded in land records that: 40
	44	+	(A) Establishes a governing body responsible for management of common 41
	45	+	areas or facilities used by more than one owner of a property interest affected by the document; 42
	46	+	and 43
	47	+	(B) Requires contribution, enforceable by a lien on a separate property 44
	48	+	interest, of a share of taxes, insurance premiums, maintenance, or improvement of, or services or 45
	49	+	other expenses for the common benefit of, the real property described in the document. 46
	50	+	(5) “Index” means a system that enables a search for a document in land records. 47
	51	+	(6) “Land records” means documents and indexes maintained by a recorder. 48
	52	+	(7) “Owner” means a person that has a fee interest in real property. 49
	53	+	(8) “Person” means an individual, estate, business or nonprofit entity, government 50
	54	+	or governmental subdivision, agency, or instrumentality, or other legal entity. 51
	55	+	(9) “Record”, used as a noun, means information: 52
	56	+	(A) Inscribed on a tangible medium; or 53
	57	+	(B) Stored in an electronic or other medium and retrievable in perceivable 54
	58	+	form. 55
	59	+	(10) “Recorder” means the District of Columbia Recorder of Deeds. 56
	60	+	57
	61	+	(11) “Remove” means eliminate any apparent or purportedly continuing effect on 58
	62	+	title to real property. 59 3
11	63
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
	64	+	(12) “Unlawful restriction” means a prohibition, restriction, covenant, or 60
	65	+	condition in a document that purports to interfere with or restrict the transfer, use, or occupancy 61
	66	+	of real property: 62
	67	+	(A) On the basis of race, color, religion, national origin, sex, familial 63
	68	+	status, disability, or other personal characteristics; and 64
	69	+	(B) In violation of other law of the District or federal law. 65
	70	+	Sec. 103. Amendment by owner. 66
	71	+	Except with respect to property to which section 104 applies, an owner of real property 67
	72	+	subject to an unlawful restriction may submit to the Recorder of Deeds for recordation in the 68
	73	+	land records an amendment to remove the unlawful restriction, but only as to the owner’s 69
	74	+	property. 70
	75	+	Sec. 104. Amendment by association of owners. 71
	76	+	(a) The governing body of an association of owners identified in a governing instrument 72
	77	+	may, without a vote of the members of the association, amend the governing instrument to 73
	78	+	remove an unlawful restriction. 74
	79	+	(b) A member of an association of owners may request, in a record that sufficiently 75
	80	+	identifies an unlawful restriction in the governing instrument, that the governing body exercise 76
	81	+	its authority under subsection (a). Not later than 90 days after the governing body receives the 77
	82	+	request, the governing body shall determine reasonably and in good faith whether the governing 78
	83	+	instrument includes the unlawful restriction. If the governing body determines the governing 79
	84	+	instrument includes the unlawful restriction, the governing body not later than 90 days after the 80
	85	+	determination shall amend the governing instrument to remove the unlawful restriction. 81
	86	+	(c) Notwithstanding any provision of the governing instrument or other law of the 82
	87	+	District, the governing body may execute an amendment under this section. 83 4
13	88
14		-	___________________________
	89	+	(d) An amendment under this section is effective notwithstanding any provision of the 84
	90	+	governing instrument or other law of the District that requires a vote of the members of the 85
	91	+	association of owners to amend the governing instrument. 86
	92	+	Sec. 105. Requirements and limitations of amendment. 87
	93	+	(a) An amendment under this act must identify the owner, the real property affected, and 88
	94	+	the document containing the unlawful restriction. The amendment must include a conspicuous 89
	95	+	statement in substantially the following form: 90
	96	+	“This amendment removes from this deed or other document affecting title to real 91
	97	+	property an unlawful restriction as defined under the Uniform Unlawful Restrictions in Land 92
	98	+	Records Act. This amendment does not affect the validity or enforceability of a restriction that is 93
	99	+	not an unlawful restriction.” 94
	100	+	(b) The amendment must be executed and acknowledged in the manner required for 95
	101	+	recordation of a document in the land records. The amendment must be recorded in the land 96
	102	+	records of the District. 97
	103	+	(c) The amendment does not affect the validity or enforceability of any restriction that is 98
	104	+	not an unlawful restriction. 99
	105	+	(d) The amendment or a future conveyance of the affected real property is not a 100
	106	+	republication of a restriction that otherwise would expire by passage of time under other law of 101
	107	+	this state the District. 102
	108	+	Sec. 106. Optional form for amendment by owner. 103
	109	+	The following form may be used by an owner to make an amendment under Section 103: 104
	110	+	“Amendment by Owner to Remove an Unlawful Restriction 105 5
15	111
	112	+	“This Amendment is recorded under the Uniform Unlawful Restrictions in Land Records 106
	113	+	Act of 2024 by an Owner of an interest in real property subject to an unlawful restriction as 107
	114	+	defined under the Act. 108
	115	+	“(1) Name of Owner: 109
	116	+	“(2) Owner’s property that is subject to the unlawful restriction is described as follows: 110
	117	+	“Address: 111
	118	+	“Legal Description: 112
	119	+	“(3) This Amendment amends the following document: 113
	120	+	“Title of document being amended: 114
	121	+	“Recording date of document being amended: 115
	122	+	“Recording information (book/page or instrument number): 116
	123	+	“This Amendment removes from the document described in paragraph (3) all unlawful 117
	124	+	restrictions as defined under the Act. Removal of an unlawful restriction through this 118
	125	+	Amendment does not affect the validity and enforceability of any other restriction that is not an 119
	126	+	unlawful restriction as defined under the Act, at the time of filing this Amendment. This 120
	127	+	Amendment is not effective if the property is subject to a governing instrument as defined under 121
	128	+	the Act. 122
	129	+	“Owner’s Signature 123
	130	+	“Date 124
	131	+	“Notary Acknowledgment 125
	132	+	Witnesses (if required)]” 126
	133	+	Sec. 107. Duty and liability of Recorder. 127 6
16	134
17		-	To enact, on an emergency basis, the Uniform Unlawful Restrictions in Land Records Act to
18		-	allow homeowners to remove unlawful restrictive covenants from the deeds to their
19		-	homes and condominiums and other homeowner associations to remove unlawful
20		-	restrictive covenants from their governing documents, and to permit the homeowner or
21		-	association to fill out an amendment form and record the amendment to their title to
22		-	effectively remove the unlawful restriction; and to amend An Act Providing for the
23		-	zoning of the District of Columbia and the regulation of the location, height, bulk, and
24		-	uses of buildings and other structures and of the uses of land in the District of Columbia,
25		-	and for other purposes to declare void, as contrary to public policy, covenants prohibiting
26		-	apartment houses or buildings with multiple dwelling units when such units otherwise
27		-	would be permitted under zoning.
	135	+	(a) The Recorder shall record an amendment submitted under this act, add the 128
	136	+	amendment to the index, and cross reference the amendment to the document containing the 129
	137	+	unlawful restriction. 130
	138	+	(b) The Recorder and the District are not liable for recording an amendment under this 131
	139	+	act. 132
	140	+	Sec. 108. Fees waived; no judicial approval necessary. 133
	141	+	(a) The Recorder of Deeds shall waive any fees specifically directed at an owner’s 134
	142	+	attempt to release an unlawful restriction from a deed or other document as described under 135
	143	+	sections 103 and 104 of this subtitle. 136
	144	+	(b) No judicial approval is needed to release an unlawful restriction under sections 103 137
	145	+	and 104 of this subtitle. This section is not intended to alter the need for judicial approval 138
	146	+	otherwise required under law for any action except for the express release of an unlawful 139
	147	+	restriction. 140
	148	+	Sec. 109. Uniformity of application and construction. 141
	149	+	In applying and construing this uniform act, a court shall consider the promotion of 142
	150	+	uniformity of the law among jurisdictions that enact it. 143
	151	+	Sec. 110. Relation to Electronic Signatures in Global and National Commerce Act. 144
	152	+	This title modifies, limits, or supersedes the Electronic Signatures in Global and National 145
	153	+	Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 146
	154	+	7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b). 147
	155	+	TITLE II. MULTIFAMILY RESIDENTIAL COVENANTS. 148
	156	+	Sec. 201. Short title. 149
	157	+	This title may be cited as the “Prohibition on Multifamily Covenants Amendment Act of 150
	158	+	2024”. 151 7
28	159
29		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
30		-	act may be cited as the “Unlawful Restrictions in Land Records Emergency Amendment Act of
31		-	2024”.
	160	+	Sec. 202. An Act Providing for the zoning of the District of Columbia and the regulation 152
	161	+	of the location, height, bulk, and uses of buildings and other structures and of the uses of land in 153
	162	+	the District of Columbia, and for other purposes, effective June 20, 1938 (52 Stat. 797; D.C. 154
	163	+	Official Code § 6–641.01, et seq.) (“Zoning Act”), is amended by adding a new section 1a to 155
	164	+	read as follows: 156
	165	+	“Sec. 1a. Multifamily residential covenants void. 157
	166	+	“Any covenant or deed restriction on any property within the District of Columbia is 158
	167	+	declared void and unenforceable as contrary to the public policy of the District if the covenant or 159
	168	+	deed restriction: 160
	169	+	“(1) Was first executed, recorded, or otherwise imposed prior to the adoption of 161
	170	+	the Zoning Act; and 162
	171	+	“(2) Prohibits the encumbered property from being used for apartments, 163
	172	+	apartment houses, or multiple residential units that would otherwise be permissible under the 164
	173	+	regulations adopted under the Zoning Act.”. 165
	174	+	TITLE III. FISCAL IMPACT; EFFECTIVE DATE 166
	175	+	Sec. 301. Fiscal impact statement. 167
	176	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 168
	177	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 169
	178	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 170
	179	+	Sec. 302. Effective date. 171
	180	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 172
	181	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 173
	182	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 174 8
32	183
33		-	TITLE I. UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS
34		-	Sec. 101. Short title.
35		-	This title may be cited as the “Uniform Unlawful Restrictions in Land Records Act of
36		-	2024”.
37		-
38		-	Sec. 102. Definitions.
39		-	In this act:
40		-	(1) “Amendment” means a document that removes an unlawful restriction.
41		-
42		-	(2) “Document” means a record recorded or eligible to be recorded in land
43		-	records.
44		-	(3) “Governing instrument” means a document recorded in land records that: ENROLLED ORIGINAL
45		-
46		-
47		-
48		-
49		-	2
50		-
51		-	(A) Establishes a governing body responsible for management of common
52		-	areas or facilities used by more than one owner of a property interest affected by the document;
53		-	and
54		-	(B) Requires contribution, enforceable by a lien on a separate property
55		-	interest, of a share of taxes, insurance premiums, maintenance, or improvement of, or services or
56		-	other expenses for the common benefit of, the real property described in the document.
57		-	(4) “Index” means a system that enables a search for a document in land records.
58		-	(5) “Land records” means documents and indexes maintained by a recorder.
59		-	(6) “Owner” means a person that has a fee interest in real property.
60		-	(7) “Person” means an individual, estate, business or nonprofit entity, government
61		-	or governmental subdivision, agency, or instrumentality, or other legal entity.
62		-	(8) “Record” when used as a noun means information:
63		-	(A) Inscribed on a tangible medium; or
64		-	(B) Stored in an electronic or other medium and retrievable in perceivable
65		-	form.
66		-	(9) “Recorder” means the District of Columbia Recorder of Deeds.
67		-	(10) “Remove” means to eliminate any apparent or purportedly continuing effect
68		-	on title to real property.
69		-	(11) “Unlawful restriction” means a prohibition, restriction, covenant, or
70		-	condition in a document that purports to interfere with or restrict the transfer, use, or occupancy
71		-	of real property:
72		-	(A) On the basis of race, color, religion, national origin, sex, familial
73		-	status, disability, or other personal characteristics; and
74		-	(B) In violation of other law of the District or federal law.
75		-
76		-	Sec. 103. Amendment by owner.
77		-	Except with respect to property to which section 104 applies, an owner of real property
78		-	subject to an unlawful restriction may submit to the Recorder of Deeds for recordation in the
79		-	land records an amendment to remove the unlawful restriction, but only as to the owner’s
80		-	property.
81		-
82		-	Sec. 104. Amendment by association of owners.
83		-	(a) The governing body of an association of owners identified in a governing instrument
84		-	may, without a vote of the members of the association, amend the governing instrument to
85		-	remove an unlawful restriction.
86		-	(b) A member of an association of owners may request, in a record that sufficiently
87		-	identifies an unlawful restriction in the governing instrument, that the governing body exercise
88		-	its authority under subsection (a) of this section. Not later than 90 days after the governing body
89		-	receives the request, the governing body shall determine reasonably and in good faith whether ENROLLED ORIGINAL
90		-
91		-
92		-
93		-
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95		-
96		-	the governing instrument includes the unlawful restriction. If the governing body determines the
97		-	governing instrument includes the unlawful restriction, the governing body not later than 90 days
98		-	after the determination shall amend the governing instrument to remove the unlawful restriction.
99		-	(c) Notwithstanding any provision of the governing instrument or other law of the
100		-	District, the governing body may execute an amendment under this section.
101		-	(d) Notwithstanding any provision of the governing instrument or other law of the
102		-	District that requires a vote of the members of the association of owners to amend the governing
103		-	instrument, an amendment executed under this section shall be effective.
104		-
105		-	Sec. 105. Requirements and limitations of amendment.
106		-	(a) An amendment under this act must identify the owner, the real property affected, and
107		-	the document containing the unlawful restriction. The amendment must include a conspicuous
108		-	statement in substantially the following form:
109		-	“This amendment removes from this deed or other document affecting title to real
110		-	property an unlawful restriction as defined under the Uniform Unlawful Restrictions in Land
111		-	Records Emergency Act of 2024. This amendment does not affect the validity or enforceability
112		-	of a restriction that is not an unlawful restriction.”.
113		-	(b) The amendment must be executed and acknowledged in the manner required for
114		-	recordation of a document in the land records. The amendment must be recorded in the land
115		-	records of the District.
116		-	(c) The amendment does not affect the validity or enforceability of any restriction that is
117		-	not an unlawful restriction.
118		-	(d) The amendment or a future conveyance of the affected real property is not a
119		-	republication of a restriction that otherwise would expire by passage of time under other law of
120		-	the District.
121		-
122		-	Sec. 106. Optional form for amendment by owner.
123		-	The following form may be used by an owner to make an amendment under section 103:
124		-	“Amendment by Owner to Remove an Unlawful Restriction.
125		-	“This amendment is recorded under the Uniform Unlawful Restrictions in Land Records
126		-	Emergency Act of 2024 (“Act”) by an owner of an interest in real property subject to an
127		-	unlawful restriction as defined under the Act.
128		-	“(1) Name of owner:
129		-	“(2) The owner’s property that is subject to the unlawful restriction is described as
130		-	follows:
131		-	“Address:
132		-	“Legal Description:
133		-	“(3) This amendment amends the following document:
134		-	“Title of document being amended: ENROLLED ORIGINAL
135		-
136		-
137		-
138		-
139		-	4
140		-
141		-	“Recording date of document being amended:
142		-	“Recording information (book/page or instrument number):
143		-	“This amendment removes from the document described in paragraph (3) all unlawful
144		-	restrictions as defined under the Act. Removal of an unlawful restriction through this
145		-	amendment does not affect the validity and enforceability of any other restriction that is not an
146		-	unlawful restriction as defined under the Act, at the time of filing this amendment. This
147		-	amendment is not effective if the property is subject to a governing instrument as defined under
148		-	the Act.
149		-	“Owner’s signature
150		-	“Date
151		-	“Notary acknowledgment
152		-	“Witnesses (if required)”.
153		-
154		-	Sec. 107. Duty and liability of Recorder.
155		-	(a) The Recorder shall record an amendment submitted under this act, add the
156		-	amendment to the index, and cross reference the amendment to the document containing the
157		-	unlawful restriction.
158		-	(b) The Recorder and the District are not liable for recording an amendment under this
159		-	act.
160		-
161		-	Sec. 108. Fees waived; no judicial approval necessary.
162		-	(a) The Recorder shall waive any fees specifically directed at an owner’s attempt to
163		-	release an unlawful restriction from a deed or other document as described under sections 103
164		-	and 104.
165		-	(b) No judicial approval is needed to release an unlawful restriction under sections 103
166		-	and 104. This section is not intended to alter the need for judicial approval otherwise required
167		-	under law for any action except for the express release of an unlawful restriction.
168		-
169		-	Sec. 109. Uniformity of application and construction.
170		-	In applying and construing this uniform act, a court shall consider the promotion of the
171		-	uniformity of the law among jurisdictions that enact it.
172		-
173		-	Sec. 110. Relation to Electronic Signatures in Global and National Commerce Act.
174		-	This title modifies, limits, or supersedes the Electronic Signatures in Global and National
175		-	Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.) (“Act”), but
176		-	does not modify, limit, or supersede section 101(c) of the Act (15 U.S.C. § 7001(c)), or authorize
177		-	electronic delivery of any of the notices described in section 103(b) of the Act (15 U.S.C. §
178		-	7003(b)).
179		-	ENROLLED ORIGINAL
180		-
181		-
182		-
183		-
184		-	5
185		-
186		-	TITLE II. MULTIFAMILY RESIDENTIAL COVENANTS.
187		-	Sec. 201. An Act Providing for the zoning of the District of Columbia and the regulation
188		-	of the location, height, bulk, and uses of buildings and other structures and of the uses of land in
189		-	the District of Columbia, and for other purposes, approved June 20, 1938 (52 Stat. 797; D.C.
190		-	Official Code § 6–641.01, et seq.), is amended as follows:
191		-	(a) A new section 1a is added to read as follows:
192		-	“Sec. 1a. Multifamily residential covenants void.
193		-	“(a) Any covenant or deed restriction on any property within the District of Columbia is
194		-	declared void and unenforceable as contrary to the public policy of the District if the covenant or
195		-	deed restriction:
196		-	“(1) Was first executed, recorded, or otherwise imposed prior to the adoption of
197		-	the Zoning Act; and
198		-	“(2) Prohibits the encumbered property from being used for apartments,
199		-	apartment houses, or multiple residential units that would otherwise be permissible under the
200		-	regulations adopted under the Zoning Act.”.
201		-	(b) Section 13 (D.C. Official Code § 6-641.12) is amended by adding a new sentence at
202		-	the end to read as follows:
203		-	“The term “Zoning Act” means An Act Providing for the zoning of the District of
204		-	Columbia and the regulation of the location, height, bulk, and uses of buildings and other
205		-	structures and of the uses of land in the District of Columbia, and for other purposes, approved
206		-	June 20, 1938 (52 Stat. 797; D.C. Official Code § 6–641.01, et seq.).”.
207		-
208		-	TITLE III. FISCAL IMPACT; EFFECTIVE DATE
209		-	Sec. 301. Fiscal impact statement.
210		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
211		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
212		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
213		-
214		-	Sec. 302. Effective date.
215		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
216		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
217		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
218		-
219		-
220		-
221		-
222		-
223		-	ENROLLED ORIGINAL
224		-
225		-
226		-
227		-
228		-	6
229		-
230		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
231		-	D.C. Official Code § 1-204.12(a)).
232		-
233		-
234		-
235		-	______________________________
236		-	Chairman
237		-	Council of the District of Columbia
238		-
239		-
240		-
241		-
242		-
243		-	_________________________________
244		-	Mayor
245		-	District of Columbia
246		-
	184	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 175
	185	+	D.C. Official Code § 1-204.12(a)). 176